Page No.# 1/3 GAHC010206392025 2025:GAU-AS:14967 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2269/2025 BABU ALI @ BABUR ALI AND ANR S/O LATE SAMESH ALI VILL- TALLI PART-II P.O. AGOMONI P.S. AGOMONI DIST. DHUBRI, ASSAM 2: GOMINA BIBI W/O BABUR ALI VILL- TALLI PART-II P.O. AGOMONI P.S. AGOMONI DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:GULZAR ALI S/O JABIR UDDIN SHAIKH VILL- BELGURI PART-II P.O. AGOMONI P.S. AGOMONI DIST. DHUBRI ASSAM PIN- 78333 Advocate for the Petitioner : MR N ZAMAN, Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (R-2),MR. SURAJIT DAS (R- 2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 06.11.2025 Heard Mr. N. Zaman, learned counsel appearing on behalf of the accused- applicants. Also heard Mr. K. K. Parasar, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for granting pre-arrest bail to the accused-applicants in connection with Agomoni P.S. Case No. 104/2025, under Sections 140(3)/61(2)/65(1) of BNSS, 2023 read with Section 6/17 of POCSO Act, 2012. 3. The gist of the allegation in this case is that on 01.06.2025, the brother of the victim girl had lodged an FIR, alleging the accused no. 1 named in the FIR, namely Mahibul Hoque, kidnapped the victim girl (sister of the informant). 4. The learned counsel appearing for the accused-applicants submits that the accused- applicants are the parents of the accused no. 1 and though they are named in the FIR, however, no accusation against them under the provisions of POCSO Act, 2012, has been made. He further submits that in the meanwhile, the victim girl has already been recovered and her statement has also been recorded. He submits that after the interim bail granted to the accused-applicants vide the order of this Court passed on 16.09.2025, the accused-applicants have already appeared before the Investigating Officer and their statements have already been recorded by the Investigating Officer. He submits that the accused-applicants shall abide by the conditions that have been laid in the aforesaid interim order and shall fully co-operate with the investigation. 5. On the other hand, Mr. K. K. Parasar, learned Addl. P.P. submits that the case is in Page No.# 3/3 a initial stage and investigation is going on. Therefore, at this stage, the interim bail should not be made absolute. 6. This Court has gone through the Case Diary as well as the materials brought before this Court. 7. After considering the submissions made by the learned counsel appearing for the respective parties and taking the entire matter into consideration, this Court is of the view that the interim order so passed earlier should be made absolute. 8. Accordingly, the instant anticipatory bail application is allowed by making the interim order passed on 16.09.2025 absolute with the same terms and conditions as provided. JUDGE Comparing Assistant